STATE OF HIMACHAL PRADESH Vs. KHUSHAL SINGH

JUDGEMENT

(1.) THE respondents were charge -sheeted for the offences punishable under Sections 147, 332 and 427 of the Indian Penal Code for forming unlawful assembly in prosecution of common object, caused hurt to LHC Ramesh Chand while discharging his duties and also that his uniform was torn -off.

(2.) AFTER the complete trial, the respondents were acquitted by the learned trial Court. The State felt aggrieved, filed the instant appeal.

(3.) AS already stated above, the respondents were charge -sheeted for the aforesaid offences to which they pleaded not guilty and claimed trial. However, the respondents were acquitted by the learned trial Court on the grounds that (i) complainant Ramesh Chand was withheld and was not examined to substantiate his version, (ii) Vice President Parshotam Chand, who was allegedly present on the spot was also given up and (iii) the seizure memo Ext.PW -4/A, against which the torn shirt and Hukamnama were alleged to have been taken into possession, was not proved.